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First Group of Parts Discipline
Part 2 Jurisdiction and Time Limits
Chapter 2 Time Limits for Commencing Proceedings
Time limits for offences other than Reserve Forces Act offences
Part 3 Powers of Arrest, Search and Entry
75.Power of service policeman to stop and search persons, vehicles etc
78.Places in which powers under sections 75 and 76 may be exercised
79.Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
81.Power to make further provision about searches under sections 75 and 76
Chapter 3 Powers of Entry, Search and Seizure
CHAPTER 3A Testing for alcohol and drugs in connection with a suspected offence or accident
Part 8 Sentencing Powers and Mandatory etc Sentences
Chapter 1 Definition etc of Certain Sentences
Driving disqualification orders
177J.Extension of disqualification where custodial sentence or service detention also imposed
177K.Effect of custodial sentence or service detention in other cases
177L.Requirement to produce licences where driving disqualification order made
177M.Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
Service community orders (civilians and dismissed servicemen only)
Chapter 4 Imprisonment for Term of two years or less
Chapter 5 Young Offenders: Custodial Sentences Available to Service Courts
213.Application of provisions relating to civilian detention and training orders
213A.Period in service custody: effect on term of detention and training order
213B.Period of custody awaiting extradition: effect on term of detention and training order
214.Offences during currency of detention and training order
Chapter 6 Mandatory etc Custodial Sentences for Certain Offences
Required or discretionary sentences for particular offences
219. Life sentence for certain dangerous offenders aged 18 or over
219A.Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over
220.Certain violent or sexual offences: offenders aged 18 or over
221. Life sentence for certain dangerous offenders aged under 18
221A.Extended sentence for certain violent , sexual or terrorism offenders aged under 18
222.Offenders aged under 18: certain violent or sexual offences
223.“The required opinion” for purposes of sections 219 to 221A
224.Place of detention for extended sentences for offenders aged under 18
224A.Special custodial sentence for certain offenders of particular concern
227A.Offences of threatening with a weapon in public or on school premises
Part 9 Sentencing: Principles and Procedures
Chapter 1 Principles and Procedures applying to Service Courts and Summary Hearings
Chapter 2 Principles and Procedures applying to Service Courts Only
Custodial sentences and service detention
261.Length of discretionary custodial sentences: general provision
262A.Conversion of sentence of detention to sentence of imprisonment
263.Restriction on imposing custodial sentence or service detention on unrepresented offender
264.Effect of duties to pass custodial sentences on other powers of punishment
268.Order for service parent or service guardian to pay fine or compensation
269.Fixing of fine or compensation to be paid by parent or guardian
269B.Service compensation orders: power to set maximum term of imprisonment for default
269C.Orders under section 269A or 269B against service parents or service guardians: appeals
Part 10 Court Martial Decisions: Appeals and Review
Part 11 The Service Civilian Court
Part 12 Service and Effect of Certain Sentences
297.Detention in service custody following passing of custodial sentence etc
298.Removal to England and Wales following passing of custodial sentence etc
301.Duration of sentences: persons unlawfully at large or on temporary release
302.Remission of certain sentences on passing of custodial sentence etc
303.Power of service policeman to arrest person unlawfully at large
Part 13 Discipline: Miscellaneous and Supplementary
Chapter 3 Arrest and Detention by Civil Authorities
Arrest etc for desertion or absence without leave
314.Arrest by civilian police of deserters and absentees without leave
315.Deserters and absentees without leave surrendering to civilian police
316.Proceedings before civilian court where person suspected of illegal absence
317.Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
Second Group of Parts Miscellaneous Matters
Part 14 Enlistment, Terms of Service etc
Part 18 Commanding Officer and Other Persons with Functions under Act
SCHEDULES
Criminal conduct offences that may be dealt with at a summary hearing
Part 1 Offences that may be dealt with without permission
2.An offence under section 12 of that Act (taking vehicle...
4.An offence under section 1(1) of the Criminal Damage Act...
6.An offence under section 9 of the Criminal Attempts Act...
7.An offence under section 39 of the Criminal Justice Act...
10.An offence under section 25 of that Act (tampering with...
11.An offence under section 28 of that Act (dangerous cycling)....
12.An offence under section 29 of that Act (careless cycling...
Part 2 Offences that may be dealt with only with permission
13.An offence under section 47 of the Offences against the...
14A.An offence under section 1(1A) of the Restriction of Offensive...
16.An offence under section 139 of the Criminal Justice Act...
16A.An offence under section 141(1A) of the Criminal Justice Act...
17.An offence under section 125 of the Communications Act 2003...
18.An offence under section 126 of that Act (possession or...
20.An offence under section 11 of that Act (dishonestly obtaining...
21.An offence under section 1(1) of the Offensive Weapons Act...
23.An offence under section 6(1) of the Offensive Weapons Act...
24.An offence under section 38(2) or (3) of the Offensive...
3.An offence under section 3 (obstructing operations) which relates to...
7.An offence under section 8 (desertion) where the accused intended...
10.An offence under section 39 of attempting to commit an...
11.An offence under section 40 of encouraging or assisting the...
12.An offence under section 42 (criminal conduct) as respects which...
13.An offence under section 42 as respects which the corresponding...
14.An offence under paragraph 4 of Schedule 2A (lay member...
15.An offence under paragraph 5 of Schedule 2A (disclosing information...
Civilians etc: modifications of Court Martial sentencing powers
Court Martial sentencing powers where election for trial by that court instead of CO
Unfitness and insanity: modifications of Mental Health Act 1983
Breach, revocation and amendment of community punishments
Part 2 Overseas community orders
Breach of requirement of order
12.Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...
12A.Paragraph 5(1) of that Schedule (duty to give warning) has...
12B.Paragraph 6(1) of that Schedule (breach of order after warning)...
13.Paragraph 8 of that Schedule (issue of summons or warrant...
14.Paragraph 10 of that Schedule (powers of Crown Court on...
14A.(1) The following provisions apply where the Court Martial or...
Overseas community orders: young offenders
Breach, revocation and amendment of overseas community orders
Suspended sentence orders: breach or amendment; effect of further conviction
1.Schedule 16 to the Sentencing Code (breach or amendment of...
Breach of community requirement or conviction of further offence
3.Part 2 (breach of community requirement or conviction of further...
4.Paragraph 11 (offender before magistrates' court: further conviction) has effect...
5.Paragraph 12 (offender before Crown Court: breach of community requirement...
7.Paragraph 14 (exercise of power in paragraph 13: duty to...
8.Paragraph 15 (activation orders: further provision) has effect as if—...
10.Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment)...
11.Paragraph 18 (duty of court in Scotland or Northern Ireland...
12.Paragraph 19 (issue of summons or warrant where court convicting...
Amendment of the Courts-Martial (Appeals) Act 1968
1.The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as...
5.In section 5 (constitution of court for particular sittings), in...
7.In section 8 (right of appeal against conviction or sentence)—...
8.Omit section 10 (alternative procedure for appeal from court-martial abroad)....
9.In section 11(1) (consideration of application by Appeal Court) omit...
11.For section 13 (adjustment of sentence in case of conviction...
12.(1) Section 14 (substitution of conviction on different charge) is...
13.In section 14A (substitution of conviction on different charge after...
14.Omit section 15 (variation of conviction so as to attract...
16.For section 16A (powers on appeals against sentence) substitute— Appeals...
18.Omit section 17A (application of certain provisions of SDAs in...
20.In section 19 (power to authorise retrial in certain cases)—...
21.In section 20 (implementation of authority for retrial etc)—
22.In section 21 (appeal against finding of not guilty by...
23.In section 22 (consequences where appeal under section 21 allowed)—...
24.Omit section 23 (substitution of finding of unfitness to stand...
26.(1) Section 25 (disposal of appeals under section 24) is...
27.For section 25A (right of appeal against hospital order etc)...
30.For section 27 (presence of appellant at hearing) substitute— Right...
33.In section 31 (costs of successful appeal) in subsection (2),...
34.In section 32 (costs against appellant) in subsection (2) for...
35.In section 33 (witnesses' expenses) after subsection (1) insert—
36.In section 34 (reference of cases by service authorities)—
37.In section 36 (powers exercisable by single judge) in subsection...
38.In section 36C (appeals against procedural directions) in subsection (5)(b)—...
39.For section 37 (provision of documents relating to trial) substitute—...
40.In section 38 (defence of appeals) for “Defence Council” substitute...
43.In section 43 (detention of accused)— (a) for subsection (1)...
45.In section 47 (costs)— (a) in subsection (1) for “Secretary...
46.(1) Section 48A (appeals on behalf of deceased persons) is...
47.In section 50 (duties of registrar with respect to appeals...
48.In section 52 (removal of prisoners) for paragraphs (a) to...
49.In section 54 (saving for prerogative) in subsection (1) for...
50.For section 56 substitute— Modifications for protected prisoners of war...
53.In section 61 (short title and commencement), in subsection (1)...
54.For Schedule 1 (provisions as to retrial) substitute— SCHEDULE 1...
55.Omit Schedule 3 (modifications in relation to prisoners of war)....
Powers of the Criminal Cases Review Commission
Amendments of the Criminal Appeal Act 1995
4.(1) Section 14 of that Act (further provisions about references)...
5.(1) Section 15 of that Act (investigations for Court of...
6.In section 16 of that Act (assistance in connection with...
7.(1) Section 18 of that Act (Government documents etc relating...
8.(1) Section 19 of that Act (power to require appointment...
11.(1) In section 33 of that Act (extent), after subsection...
Detention etc of persons in overseas service hospitals
Exercise of powers under paragraph 2 where person's commanding officer is absent etc
Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
Urgent removal from service living accommodation to overseas service hospital
Urgent removal from other places to overseas service hospital
Protection of children of service families
2.(1) Section 18 of that Act (content, effect, variation and...
5.After that section insert— Power to include exclusion requirement in...
6.(1) Section 21 of that Act (duration of protection orders)...
8.After that section insert— Removal and accommodation of children by...
9.(1) Section 23 of that Act (interpretation) is amended as...
Amendments relating to reserve forces
Reserve Forces Act 1980 (c. 9)
3.In section 18(2) of that Act (permanent service call out...
5.In section 19A of that Act (postponement of discharge of...
7.In section 21A of that Act (postponement of discharge of...
8.Omit section 24 of that Act (permanent service call out...
9.Omit section 25 of that Act (emergency service call out...
14.In section 34(3) of that Act (liability of certain former...
15.In section 39(1)(a) of that Act (application of section 38)...
16.Omit section 44 of that Act (requirement as to training...
18.Omit section 139 of that Act (enrolment etc of members...
20.Omit sections 141 to 144 of that Act (provisions relating...
21.In section 145 of that Act (reinstatement in civil employment)...
24.(1) Schedule 8 to that Act (saving and transitional provisions)...
Reserve Forces Act 1996 (c. 14)
25.In section 2(2)(a) of the Reserve Forces Act 1996 (membership...
26.In section 4(1)(b) of that Act (orders and regulations concerning...
28.In section 13(7) of that Act (transfer of non-officers between...
29.In section 15(1) of that Act (discharge by commanding officer)...
31.In section 25(2) of that Act (additional duties commitments)—
32.In section 27 of that Act (voluntary training and other...
34.After section 53 of that Act insert— Agreement to alter...
35.After section 55 of that Act insert— Agreement to alter...
36.After section 57 of that Act insert— Agreement to alter...
39.(1) Section 95 of that Act (offences against orders and...
43.Omit section 99 of that Act (false pretence of illegal...
45.Omit section 102 of that Act (record of illegal absence)....
50.In section 108 of that Act (evidence) for subsections (1)...
51.Omit section 124 of that Act (exemption from tolls etc)....
52.Omit section 126 of that Act (amendments relating to transfers...
53.(1) Section 127 of that Act (interpretation) is amended as...
55.Omit Schedule 2 to that Act (deserters and absentees without...
57.Omit Schedule 7 to that Act (postponement of transfer to...
59.In Schedule 10 to that Act (minor and consequential amendments)...
Civilians subject to service discipline
Part 1 Civilians subject to service discipline
Crown servants in designated area working in support of Her Majesty's forces
Persons in designated area who are members or employees of other specified organisations
Persons residing or staying with person subject to service law in designated area
Persons residing or staying with person falling within paragraph 4 or 6 in designated area
Persons residing or staying with person falling within paragraph 5
Minor and consequential amendments
Naval Discipline Act 1957 (c. 53)
26.In section 47M of the Naval Discipline Act 1957 (judicial...
27.In section 52C(4) of that Act (powers of higher authority),...
28.(1) Section 52D of that Act (summary trial) is amended...
29.In section 52FG(1) of that Act (judge advocates of the...
30.In section 52FJ(3) of that Act (constitution of summary appeal...
32.In section 53C(2) of that Act (ordering of courts martial),...
34.After section 58 of that Act insert— Preliminary hearings as...
35.In section 59(4A) of that Act (challenge by accused), for...
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
73.In section 2(2) of the Bail Act 1976 (definitions), for...
74.In section 5(10) of that Act (meaning of “prescribed” for...
75.In section 6(9)(c)(v) of that Act (meaning of the “appropriate...
76.In section 8(4) of that Act (persons before whom recognizance...
77.In section 13(3) of that Act (application of Act), for...
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
Crime (Sentences) Act 1997 (c. 43)
141.In section 31A(5) of the Crime (Sentences) Act 1997 (termination...
142.(1) Section 34 of that Act (meaning of “life sentence”...
143.In section 47(4) of that Act (application of section 47),...
144.In section 57 of that Act (extent etc), for subsection...
145.In Schedule 1 to that Act (transfer of prisoners within...
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))
Regulation of Investigatory Powers Act 2000 (c. 23)
169.In section 18(11) of the Regulation of Investigatory Powers Act...
170.In section 32(6)(g) of that Act (senior authorising officers for...
172.In section 34(4)(g) of that Act (persons entitled to grant...
173.In section 41(7) of that Act (Secretary of State authorisations),...
174.In section 56(1) of that Act (interpretation of Part 3...
175.(1) Section 81 of that Act (general interpretation) is amended...
Criminal Justice and Court Services Act 2000 (c. 43)
177.In section 1 of the Criminal Justice and Court Services...
178.After section 5 of that Act insert— Local probation boards...
179.(1) Section 27 of that Act (armed forces offences equivalent...
180.(1) Section 30 of that Act (disqualification from working with...
181.In section 31(2) of that Act (appeals) for “a court-martial”,...
182.In section 33 of that Act (provisions relating to application...
184.In section 62(5) of that Act (meaning of “sentence of...
185.In section 64(5) of that Act (meaning of “sentence of...
Sexual Offences Act 2003 (c. 42)
206.In section 81(3)(b) of the Sexual Offences Act 2003 (persons...
207.In section 116 of that Act (qualifying offenders for purposes...
208.(1) Section 131 of that Act (young offenders: application) is...
209.(1) Section 133 (Part 2: general interpretation) is amended as...
210.In section 134(1) of that Act (conditional discharges and probation...
211.(1) Section 137 of that Act (service courts) is amended...
212.(1) Schedule 3 to that Act (sexual offences for purposes...
213.In Schedule 5 to that Act (other offences for purposes...
Criminal Justice Act 2003 (c. 44)
214.(1) Section 94 of the Criminal Justice Act 2003 (extension...
215.In section 112(1) of that Act (interpretation of Chapter 1...
216.In section 143(4) of that Act (meaning of “previous conviction”),...
217.(1) Section 151 of that Act (community order for persistent...
218.For section 233 of that Act substitute— Offences under service...
220.In section 241 of that Act (effect of direction under...
221.In section 246 of that Act (disapplication of power to...
223.In section 251(3) of that Act (licence conditions on re-release...
225.In section 260 of that Act (disapplication of power to...
226.In section 263(1)(a) of that Act (concurrent terms), omit “by...
227.In section 268 of that Act (interpretation of Chapter 6...
228.In section 269(3)(b) of that Act (determination of minimum term...
230.In section 277 of that Act (interpretation of Chapter 7...
231.In section 305(1) of that Act (interpretation of Part 12)—...
232.In section 329 of that Act (civil proceedings for trespass...
234.(1) Schedule 6 to that Act (modifications for armed forces...
235.(1) Schedule 7 to that Act (modifications for armed forces...
236.In Schedule 21 to that Act (determination of minimum term...
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